Daniels and Pearson and Anor

In *Daniels and Pearson and Anor*, heard before Waddy J of the Family Court of Australia, the dispute concerned alleged breaches of parenting orders by the mother. The proceedings were initiated following complaints by the child regarding physical discipline by the mother's boyfriend and a failure by the mother to attend a scheduled changeover.

The court was required to determine whether the mother had knowingly failed to prevent her child from being physically disciplined by her boyfriend, and whether she had knowingly failed to attend a changeover at a specified time and location. These determinations were central to assessing whether breaches of existing parenting orders had occurred.

Waddy J found that the mother had indeed committed two breaches. The first breach related to her failure to prevent the child from being physically disciplined by her boyfriend, as alleged by the child. The second breach concerned the mother's failure to attend the changeover at L Station on 21 January 2007. In light of these findings, and pursuant to sections 70NEB and 70NED of the *Family Law Act 1975* (Cth), the court ordered make-up time of two and a half hours for the missed changeover, to be nominated by the trial judge. Additionally, the mother was ordered to attend a post-separation parenting program, to be nominated by the Director of Court Counselling, with both orders to take effect after the cessation of Children's Court proceedings.